London Borough of Havering Council (202326227)

Background

1. The resident was unhappy with the service charge billing relating to estate improvement works at his block. He said that the costs had increased since the section 20 consultation. He also did not want to pay for works to areas he did not use, such as the drying area and pram stores. Additionally, he felt the landlord had completed poor quality works.

What the complaint is about

2. The complaint is about the landlord’s response to the resident’s concerns about his service charge.

Our decision (determination)

3. We have decided that the resident’s complaint about his service charges is outside our jurisdiction.

Reasons

4. The resident raised the following concerns about the service charge:
   1. He did not consider the costs to be reasonable.
   2. He did not consider the costs had been calculated correctly.
   3. He did not agree that he should have to pay the costs.
   4. He did not believe it was correct for the landlord to charge him for works that he did not consider formed part of the original notice of intention during the section 20 consultation process.
   5. He did not consider the associated works had been completed to an appropriate or satisfactory standard.
5. We note the resident’s concerns. Our Scheme states we may not investigate complaints about the amount or any increase of service charges. We also may not investigate complaints where it would be fairer, more reasonable and more effective to seek a remedy through the court or tribunal.
6. The resident’s complaint centres on whether the costs are fair and reasonable (including an increased scope of works), and whether he should have to pay for areas that he does not use or benefit from. As such, the complaint is ultimately about the level of service charges. We have decided not to investigate the resident’s complaint as it would be more appropriate for the resident’s concerns to be investigated by the First Tier (Property) Tribunal, or the courts. These bodies have the power to assess the reasonableness of the costs and whether the charges are payable or should be limited. We do not.
7. Therefore, given the resident’s concerns and his desired outcome, we have determined that his complaint falls outside of the Ombudsman’s jurisdiction.